Legal Opinion

People v. Erwin

California Court of Appeal

Decided November 9, 1906No. Crim. No. 41PublishedCited by 12 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. B. N. Smith, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtAllen, J.

The defendant was convicted of a felony designated in the information as an attempt to commit the infamous crime against nature with and upon a male human being named in the information by then and there attempting to have carnal knowledge of the body of the person so named. He appeals from the judgment and order denying his motion for a new trial.

Section 286 of the Penal Code provides: “Every person who is guilty of the infamous crime against nature, committed with mankind, ... is punishable by imprisonment in the state prison not less than five years.” Section 664 of the Penal Code…

2Cases cited2 opinions

  1. People v. WilliamsCalifornia Supreme Court · 1881
  2. People v. BurnsCalifornia Supreme Court · 1902

3Cited by12 opinions

  1. People v. BostickCalifornia Supreme Court · 1965
  2. People v. LanhamCalifornia Court of Appeal · 1934
  3. People v. DanielsCalifornia Court of Appeal · 1948
  4. People v. GoldsteinCalifornia Court of Appeal · 1982
  5. People v. GreenCalifornia Court of Appeal · 1924

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